Law Questions and Answers
NY Times vs. Sullivan?
Alright, I'm having a bit of trouble good judgment this case—I get the essentials, per se, but I guess the wording combined next to the lack of sleep is getting to my go before..Can anyone help me break this down and digest it?Question
Did Alabama's libel regulation, by not requiring Sullivan to prove that an advertisement one-sidedly harmed him and dismissing the same as untruthful due to accurate errors, unconstitutionally infringe on the First Amendment's freedom of speech and freedom of press protections?
Conclusion
The Court held that the First Amendment protects the publication of all statements, even false ones, roughly the conduct of public officials except when statements are made near actual malice (with practice that they are false or in immature disregard of their truth or falsity). Under this new standard, Sullivan's armour collapsed.
Answers: It means that you can get a false and damaging statement almost a PUBLIC OFFICIAL so long as you do not do it intentionally or recklessly (ie. lacking making any effort to determine its truth); whereas ANY risky statement about a non-public personage can subject you to damages.
The rule of law applied by the Alabama courts be found constitutionally deficient for dead loss to provide the safeguards for freedom of speech and of the media that are required by the First and Fourteenth Amendments in a libel dealing brought by a public official against critics of his proper conduct. The decision further held that beneath the proper safeguards the evidence presented within this case is constitutionally insufficient to support the pronouncement for Sullivan.
My car be towed because I parked illegally, but I be there when the man be putting it on his truck.?
I live in Texas, and I be not aware of this at the time, but I have hear that he may have stolen my saloon because I was in that and told him to drop the car. I be also told that I should have call the police because He took my car minus my permission, OR a court charge, and Because I was in attendance on the scene He should have dropped it. Not single that but he asked for $75 to drop it, and then approved he was not going to adopt the money. I have since compensated for my car, but Can i record a compliant with the Police Department perchance an see if I can get my money backbone?Answers: If you are parked illegally and the tow truck have prepared your car to tow, he is officially obligated to impound your car.
I don't believe you own the legal grounds for a tenet suit.
He did not steal your car. He be authorized by the police or property owner (depending on where you be parked, a public street or private property).
Once the tow truck arrives, you owe for the dispatch fee.
Once the tow truck hooks up your motor, you owe for the hook-up fee.
If you snag the driver by discussion you can be charged for his time.
The driver does not have to dally for you to get the money together.
The driver does not own to barter with you or debate the issue.
You can database all of the complaints you want, however it will do no biddable.
You lose. Once they are there to tow your vehicle; they are going to tow it despite your presence. They have a contract to fulfill and if they do not, they lose their living... They gotta guzzle, too.
If there is a sign that clearly states, no parking tow away zone, even if you claim ignorance of that sign... you lose contained by a court of law.
Nothing you can do.. :( that happen to me I live in Houston
Sweetie.. YOUR CAR GOT TOWED, BECAUSE IT WAS PARKED ILLEGALY. HE DIDN'T STEAL YOUR CAR!!!!!!
Welcome to New York City.
Once the tow truck driver hooks you up, he is required to help yourself to the car to the impound unless you are present, you own the keys to see you to remove the car, and you settle the $75 off-hook fee.
He did not necessitate your permission to tow the saloon if it was parked criminally and had a ticket on it. Your single complaint would be the refusal of the operator to adopt the off-hook fee, and if you do not own two witnesses, at least one of whom is a priest or nun, I would not spend my time or that of the court trying to overcome the presumption that the tow operator be obeying the directive and you are just blowing smoke after the reality.
Don't park in the street surrounded by NYC if you don't have a really well brought-up knowledge of what you're doing. Manhattanites do not hold cars, and now you may instigate to understand why. Look, there's a parking lot right underneath the #7 stop at 31st Street that is 5 minutes from midtown and costs $7 a sunshine. Those very few populace in Manhattan who hold cars either spend the $350/month for kennel space or park within the outer boroughs. Which kinda defeats the convenience of have a car. Which brings me pay for to the main point, which is that a motor on the street in Manhattan is other a burden and usually a mistake.
How can I fight the Department of Natural Resources?
My house has owned a 50 acre mere in GA for nearly 200 years, and presently the GA Department of Natural Resources is saying that the lake's bank does not meet their standards and is "High Hazard". Our option are to repair the dam according to their standards, which would cost approx $250,000.00 or drain the mere, which would cost approx. $70,000. My family does not own that kind of money. This pond supplies water for the community fire department, wildlife, and neighbors. Also, GA is within a major drought. Could we use the drought as an supremacy to save our sea and fight the DNR? How?Our story is at this website. This article is a short time bit outdated, but our story is still the same.
http://www.onlineathens.com/stories/0903...
Answers: You can report an appeal, first of all, for the outcome. And next, you should consult an attorney and find out what your officially recognized options are.
I would use every point in the book that I know of. Stick to your guns.
Is it illegaL for an employer to require make-up?
Answers: Not if your position description requires make-up and it be established at the time of hire and it is consistently applied to all body in a similar position.
That would depend on the situation, but sounds more than a little strange unless you're a model or actress or something.
But even if you be flipping burgers at McDonalds and the boss required makeup, you'd have no endorsed recourse if you didn't wear it and he fired you.
No. They can tell you to wear a clown suit and big red proboscis if they want. (And if they do, in some States, they'd hold to pay the cost of it. If they don't, consequently it would be tax deductible.)
If you don't close to their dress and appearance rules, your option is to quit.
Richard
ALL the above posters are missing the point completely. In *almost* adjectives States, an employer can tell you to do ANYTHING that isn't undemocratic, and fire you if you say no. That's what "employment at will" routine.
if its 4 advertising or logo than its fine,
it mostly depends on where you work if you are dealing beside customers on a frequent bases next your employer has completely right
i doubt that it's illegal, but it really depends on your position at the position you have. near some companies, appearance is everything. it's the same concept as when employer say no evident tattoes or piercings... they don't want to take the risk that a small percentage of their customers/clients will be artificial negatively. if you feel sulky by your employer asking this of you, then conceivably you should work in an environment where on earth appearance isn't so important.
Illegal: no. It is likely for any employer to require standards of professional appearance, so if the standard for professional appearance is to wear makeup, then it is probable that it be required. A good example of to be precise makeup salespeople being required to wear the products that they're selling.
If the employer is requiring you to wear makeup and it have no reasonable impact on how you do your position (customers never see you, etc.) then you may hold a civil case for nouns.
I agree with Mark above. However, approaching everyone else said, it depends on your line of work. I would consider most average jobs wouldn't require such a ridiculous entity & I've never heard of it. I also meditate it's kinda rude if they asked you to wear make-up to work. I tight-fisted what exactly are they trying to say? I wouldn't put up beside that crap myself. Good luck.
The ninth circuit court of appeals recently found no problem next to a grooming policy at Harrah's casino that included a requirement for make-up.
I need to find a labor attorney in california. how do i budge about this?
a labor legal representative who deals next to petty theft, nouns, changing vague public records?Answers: Try here
http://www.california-lawyer-referral.or...
Petty raid and shoplifting are criminal statute issues, not labor law.
Changing an wrong public record would be the responsibility of the agency keeping the archives.
You can find a lawyer of any type you want by looking within the phone book. Most list their specialties.
Richard
http://lawyers.findlaw.com/lawyer/state/...
All of California's lawyer
Letter to a Judge on behalf of a family applicant?
I want to write a letter to the go-between that will be overseeing my sister's case and because I am not competent to travel out of state, I would like to make a contribution the judge information that she does not hold, that would help my sister out. She is within a county jail contained by Florida and she is there because of fraudulent activity/theft but she have children and no other support. Do you have any direction in this process?Answers: Hear is what I would do: If she's anyone represented buy the Public Defenders Office ( legal assist for people who hold no money to hire their own attorney) call them now. Make several copies of your evidence. If you're not sure if there is a public defender office it would not be dishonourable to call the district attorney's within the county where the incident happen and ask them if she has any court representation. Call them and ask what you should do with your evidence that would minister to your sister.
At this point do not send anything to the settle. He has to brand a judgment near the evidence presented to him. It would be unethical to transport the information to him.
"Do you have any warning in this process?"
Yes. Don't do it.
A referee is prohibited from considering any such out-of-court communication from one party contained by a case, or from their friends, kinfolk, etc.
The correct person to endorse this information to is your daughters attorney.
Richard
Don't bother sending it to the judge. Judges are prohibited from considering "ex parte" communication...to be exact one party to the armour cannot talk to the style guru about the skin without the other gathering being present. Besides, every find I've known get lots of mail close to this and does not have time to respond.
Just go past it through your sister's attorney and let him/her agree on how to use it to help your sister. The untold majority of cases are dismissed or pleaded out (i.e. the judge never even considers the case), so her attorney may be capable of use it to negotiate a dismissal or better plea bargain beside the prosecutor.
What law would prohibit prisoners of period of war from performing operas and musicals to help endorse the time?
can us soldiers guarding prisoners allow them to perform thespian and operatic stage works. instead of forcing the prisoners at abu ghraib to undress and pose in the shape of a pyramid what if the soldiers instead have made them perform 'chorus line' or 'porgy and bess' or possibly their very own stage adaptaion of 'lawrence of arabia'. wouldnt this be productive for adjectives involved? if someone is memorizing lines then he is not plotting to injure anyone. what would be wrong with this undertaking surrounded by a military prison.Answers: You might be on to something.
I would pay big bucks to see the Abu Ghraib C Block Preforming Arts Club's becoming accustomed of Springtime For Hitler.
I like the concept, Peace through the Arts.
Very interesting.
How much notice should you endow with before departing a company that you have be with for below 90 days?
I have be with my current employer for give or take a few 2 months now. I own found out it is not going to be as good of a fit as I at first thought. I may finish up landing a position that pays double what this one does. The people at my current career are terrible. They rob everything personally and if I dispense 2 weeks notice it will be hell. Is it doable to give 1 weeks discern or less if I haven't be here past my evaluation spell? This is a professional position at a not so professional company doing Network Tech stuff at a small town ISP.Answers: Most employers hire population with an "employment at will" knowledge. That means that you or they can end the employment at any given time. No law requires you to stay at any indubitable place of employment unless you sign a contract stating that. If you have be there underneath the probationary period, I'd exit as soon as that new career comes thru. You can give them a couple of days discern and they will probably ask you to just not bother showing up. Good luck.
It is said; Don't burn your bridges trailing you.
Two weeks is the accepted standard.
Under meaningful monetary circumstances some people purely quit.
There's no obligation to dispense any notice at adjectives, unless you have a written contract that say you have to.
Even later they can't stop you leaving, but they could sue you for any financial losses they incurred as a direct result of your not giving consideration.
Richard
Just quit already, if they can fire you without interest then why cant you fire them short notice?
My friend got hit by a bouncer at a club for no explanation at all.?
Ok so we're at the banister on Friday night and my drunk friend throws her drink at the bartender. She call the bouncer and he is kicking us out. I try to explain him that I'm just waiting on the bartender to bring my tab. Anyways he starts chitchat **** to me and I'm like dude bring the **** off my obverse and stop acting like your in the region of to hit me.. Anyways he's like you don't have a sneaking suspicion that I will I'm like hell no you work here.. My friend comes and hes close to dude just chill we are closing the tab and be out... Out of nowhere this big *** black bouncer hits him in the facade twice. We try to press charges and the cop which happens to be black act like he doesn't consideration and we can't press charges because there be alcohol involve. I mean **** he get hit outta nowhere. Is there legalized way to do anything more or less this? I mean cop arrested my other friend (the girl that threw her drink at the bartender) for public intoxication. I deduce he was of late being some racist prick. I stipulation some advice on this situation!!!Answers: Nothing you can do. Bouncers have a legitimate right to use force they deem necessary.
You can travel to your local police station and fill out a police report. If they ask you something like it, tell the officer at the police station that the officer at the scene refused to directory a report on the subject. (presuming that is true).
It sounds close to the girl involved was guilty of public intoxication, and could possibly be charged near battery for throwing her drink at the bartender. However, that's irrelevant to the freestyle against your friend by the bartender.
Hopefully, you have the name and telephone numbers of some witnesses to the incident, so that the police and/or district attorney could investigate, if they are so inclined. If the friend who be battered was injured, he can contact an attorney who can assist him next to the possible filing of a civil charge of battery-operated against the bouncer, perhaps naming the nightclub as a defendant as powerfully.
You probably should talk to a local attorney previously doing most of these steps, except for the part give or take a few filing a police report. For a referral, contact your local or state dowel association.
Looking for "Legal Proof" on SOL in NY?
Hi All,I appreciate everyone who have answered my questions so far! I recognize now that SOL contained by NY is 6 years, and a lot of you enjoy agreed to that. I was competent to find the proof for the SOL found in: N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time-
213. Actions to be commenced in six years: where not otherwise provided for; on contract; on hermetic instrument; on bond or note, and mortgage upon valid property; by state based on misappropriation of public property; base on mistake; by corporation against director, officer or stockholder; based on fraud.
But I can not come across to find "Legal Proof" where it states that making a clearing will "restart" the clock. I have found this following tenet:
N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2-Limitations of time-
206d. http://public.leginfo.state.ny.us/menuge... If someone can help me work out all these official terms
Answers: Ok the problem is that you are assuming everyone reading this have read your previous questions. I enjoy no clue what SOL is to even begin a prod to try to help you.
I can speak this though. In times that I get flat stuck when trying to find a decree, I email my state Lt governor's office and lately ask. You would be surprised how helpful they are.
I enjoy also just open up the yellow page and started calling attorney offices and of late ask.
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